Section 3: Monitoring of probation measures and alternative sanctions and subsequent decision in the event of non-compliance

Enforcement of the conviction or probation decision is governed by the Penal Code and by this Code, including the enforcement of subsequent decisions taken when a probation measure or alternative sanction is not complied with or when the convicted person commits a new criminal offence. As soon as the decision to recognise the conviction or the probation decision as enforceable in France has become final, alternative sanctions or probation measures…

Withdrawal of the certificate by the sentencing State, for whatever reason, shall preclude enforcement of the sentence or the probation decision if it occurs before the alternative sanction or the probation obligations and measures have been enforced.

The sentence enforcement judge is competent to ensure, by himself or by any designated qualified person, the monitoring of probation measures and alternative sentences whose recognition is final. The sentence enforcement judge, or, where applicable, where the measure does not fall under his jurisdiction, the public prosecutor, shall enforce the alternative penalty or immediately take the appropriate measures to monitor the probation measure.

If the sentenced person cannot be found on the territory of the Republic, the sentence enforcement judge shall inform the competent authority of the sentencing State of the impossibility of enforcing the sentence or the probation decision.

The sentence enforcement judge is competent to take any subsequent measure to modify the obligations or the duration of the probationary period under the conditions set out in this code.

The sentence enforcement judge is also competent to issue a reasoned judgment, under the conditions provided for in article 712-6, revocation of conditional release or suspension of enforcement of the sentence and to impose the custodial sentence or measure involving deprivation of liberty provided for in the conviction or the probation decision issued by the authorities of the sentencing Member State, in the case of an alternative sanction. Where a…

The enforcement judge shall inform the competent authorities of the sentencing State without delay, by any means that leaves a written record, of any decision taken pursuant to Articles 764-38 and 764-39.

The sentence enforcement judge shall immediately inform the competent authorities of the sentencing State, by any means that leaves a written record, in the following cases: 1° Where a pardon or amnesty concerns the decision that is the subject of monitoring in France; 2° Where the person concerned has absconded or is no longer ordinarily resident, under lawful conditions, in the territory of the Republic. In this case, the sentence…

Where the sentence is the subject in France or in the sentencing State of either an amnesty or a pardon or where this sentence is the subject of an annulment decided following a review procedure in the sentencing State, or of any other decision or measure having the effect of depriving it of its enforceability, the sentence enforcement judge shall terminate the enforcement of this sentence or this probation decision.

Where, as a result of new criminal proceedings brought against the person concerned in the sentencing State, the competent authority of that State requests that jurisdiction over the supervision of the probation measures or alternative sanctions and any subsequent decisions relating to those measures or sanctions be transferred back to it, the enforcement judge shall terminate the supervision thereof and relinquish jurisdiction in favour of the competent authorities of the…